Legal News

The Health and Safety Executive (HSE) has prosecuted two global companies – Siemens Windpower A/S (SWP) and its principal contractor Fluor Ltd – after a worker was killed in the construction of an offshore wind farm and another was seriously injured.

On 21 May 2010, a team of engineers was loading wind turbine blades onto a sea barge for delivery to Greater Gabbard, off the Suffolk coast.

During the loading of wind turbine components at Pakeston Quay in Harwich, Essex, part of the blade transport arrangement fell off. The component crushed and fatally injured one worker and seriously injured a second worker. Both workers were employed by Siemens Windpower A/S (SWP), but were working for Fluor Ltd.

The injured man, Frank Kroeger, was airlifted to Addenbrookes Hospital in Cambridge, where he was resuscitated twice.

Mr Kroeger suffered a ruptured spleen, lacerations to his liver, a collapsed lung, multiple rib fractures on his left side – and significant crush injuries to his right arm and hand, with nerve damage to his thumb and fingers.

His injuries were life-changing and required almost three weeks in hospital in the UK, followed by a long period of rehabilitation and treatment near his home in Germany.

The family of the man who died has requested that his name be withheld.

The investigation carried out by HSE inspectors found serious safety failings in the two firms’ management systems for the loading operation, which allowed vital parts of equipment to go unchecked before being lifted.

Following a four-week trial in July, Fluor Ltd was found guilty of breaching Section 3 (1) of the Health and Safety at Work etc Act 1974.
Siemens Windpower A/S (SWP) was charged with the same offence – as well as a Section 2 (1) breach of the same act. The company pleaded guilty at an earlier stage.

On Friday, 2 October at Chelmsford Crown Court in Essex, Siemens was sentenced and ordered to pay £375,000 in fines, with costs of £105,355.

Fluor Ltd was also sentenced at the same hearing and was ordered to pay £275,000 in fines and £271,048 costs.

After the hearing, HSE Inspector Julie Rayner said:

“This incident could easily have been avoided had suitable systems and procedures been in place to ensure that all loads were properly connected while being lifted.

“Had the right questions been asked when the lift was being planned – and had the bolt and two brackets holding the blade and frame together been checked before they were lifted – the death and serious injury of two workers could have been prevented.

“This case clearly highlights the need to ensure that relevant information is considered when lift plans are produced to ensure that all of the relevant risks are considered.”

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